The Veteran's lung disorders, including lung cancer, COPD, pulmonary fibrosis, bullous emphysema, and pulmonary nodules are being remanded for further development due to a duty to assist error.
The deciding factor: The VA medical opinion did not address potential effects of tear gas exposure during service.
- Claimed conditions
- lung cancer, chronic obstructive pulmonary disorder (COPD), pulmonary fibrosis, bullous emphysema, pulmonary nodules
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- November 22, 2022
- Citation
- A22023692
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A22023692.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
- Granted
The Veteran's pulmonary fibrosis is related to in-service exposure to herbicide agents, and the Board has granted service connection for this condition.
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